Reply To: MAC – should HB end?
Peter BarkerThey will need to reclaim HB, but should be able to if the PCG has been in payment since May 2019.
If the lead HB claimant made a claim for UC, HB must terminate. Both members of a couple usually claim UC, so the chances are that the lead HB claimant did claim UC – as indicated by the receipt of two stop notices.
But the same does not apply to SPC. The act of claiming UC does not in itself terminate SPC. It is not possible to be entitled to UC and SPC at the same time, and the regs are drafted in such a way that UC “trumps” SPC. But this couple are not entitled to UC because their income is too high – therefore nothing has happened to prevent SPC from continuing.
Transitional protection allows the older member of a mixed age couple to make a new HB claim if s/he has been on SPC as part of the same mixed age couple since May 2019. The fact they are still on SPC suggests this is probably the case. Alternatively, they might have claimed SPC more recently while relying on a transitionally protected HB award predating May 2019 – either way, HB can be reclaimed now and if that is done within three months the ends will join up – the new award commences immediately after the two-week run-on at the end of the terminated award.